HomeMy WebLinkAboutRDA Reso 1994-1431
RESOLUTION 1431 AMENDED
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROVING THE PROJECT AND THE PRECISE PLAN THEREFOR SUBJECT TO
SPECIFIC PROJECT CONDITIONS; AND DECLARING THAT CERTAIN CONDITIONS
PRECEDENT TO EFFECTIVENESS AS SET FORTH IN THE DISPOSITION AND
DEVELOPMENT AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY, CHULA
VISTA TOWN CENTER ASSOCIATES, AND WAL-MART STORES, INC., HAVE BEEN
SATISFIED AND THE OBLIGATORY PROVISIONS EFFECTIVE
WHEREAS, the area of the land which is subject of this resolution consists of
approximately 31.63 acres located at the terminus of North Fifth Avenue in the City of Chula
Vista, California within the Town Centre" Redevelopment Project Area, and further identified
as Assessor's Parcel Nos. 562-324-02 and 562-324-04 ("Project Site"); and,
WHEREAS, a person having control over all or a portion of the development of the
Project Site, National Avenue Associates ("Developer"), has proposed the development of an
approximately 21 2,000 square foot retail shopping center currently known as the Channelside
Shopping Center, including a Wal-Mart Store as a major tenant, as such project is more
particularly described in Final Environmental Impact Report, EIR-94-02, ("Project"); and
WHEREAS, on January 21, 1994, in connection with the Project, the Developer filed
applications with the City of Chula Vista ("City") for (1) a General Plan Amendment from
"Research and Limited Manufacturing" to "Commercial Thoroughfare", and (2) Rezoning from
"I-L-P" (Limited Industrial-Precise Plan) to "C-C-P" (Central Commercial-Precise Plan)
("Discretionary Approvals Applications"); and,
WHEREAS, concurrently, the Developer requested that the City process an
amendment to the certified Chula Vista Local Coastal Program ("LCP Amendment") and issue
a Coastal Development Permit ("CDP") thereunder.
WHEREAS, concurrently, the Developer submitted a proposed "Precise Plan"
application to the Redevelopment Agency staff; and
WHEREAS, concurrently, City and Redevelopment Agency staff commenced
enVironmental review of the Project in accordance with the California Environmental Quality
Ac~ ("CEQA"); and
WHEREAS, on July 25, 1994, the Design Review Committee recommended approval
of the Precise Plan for the Project, subject to certain terms and conditions, including
satisfactory completion of the CEQA process and approval of all necessary discretionary
permits for the Project; and
WHEREAS, after appropriate public hearings before, and recommendation by the
Planning Commission, a duly called and noticed public hearing was held before the City
Council of the City of Chula Vista on November 1, 1994 on Final Environmental Impact Report
EIR 94-02, Addendum 94-02A, the Discretionary Approvals Applications, the LCP Amendment
and the CDP to receive the recommendations of the Planning Commission, and to hear public
testimony with regard to same; and,
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WHEREAS, after a duly noticed public hearing, pursuant to Joint City/Agency
Resolution Nos. [Council] 17705 and [Agency 1430J (the "CEQA Resolution"). the City
Council and the Redevelopment Agency have jointly certified FEIR 94-02, adopted Addendum
94-02A, made the necessary CEQA findings with respect thereto, and adopted the Mitigation
Monitoring and Reporting Program, and the Statement of Overriding Considerations attached
to the CEQA Resolution; and
WHEREAS, after a duly noticed public hearing pursuant to Resolution 17706, the City
has amended the General Plan for the Project Site, pursuant to Ordinance No. 2613, the City
has amended the certified Local Coastal Program for the Project Site and pursuant to
Ordinance No. 2613, the City has amended the Zoning Map for the Project Site (collectively,
the "Discretionary Approvals").
NOW, THEREFORE, the Redevelopment Agency of the City of Chula Vista does hereby
resolve as follows:
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I. Certification of Compliance with CEQA.
.1.
The City Council does hereby adopt and incorporate herein Resolution 17705 of the
City Council and Resolution 1430 of the Redevelopment Agency certifying FEIR 94-02, and
adopting Addendum 94-02A, the CEQA Findings, the Mitigation Monitoring and Reporting
Program, and the Statement of Overriding Considerations.
II. Project/Precise Plan Approval.
The Redevelopment Agency does hereby adopt and approve the Precise Plan for the
Project composed of the Design Review Committee application and the conditions of approval
attached hereto as Attachment 1, and does hereby find that such Precise Plan is consistent
with the other Discretionary Approvals for the Project.
III. Satisfaction of Conditions of Effectiveness in DDA.
The obligatory provisions in that certain" Redevelopment Disposition and Development
Agreement (Wal-Mart Project) among the Redevelopment Agency of the City of Chula Vista
"Agency", Wal-mart Stores, Inc. "Redeveloper", and Chula Vista Town Center Associates,
L.P. "Seller" August 1994 (the "DDA") are contingent upon Developer's obtaining all
necessary "Entitlements" (as defined in the DDA) for the Project. The Entitlements approved
by the Discretionary Approvals and this approval of the Precise Plan are hereby determined
to satisfy certain of such conditions, with final effectiveness of the obligatory provisions of
the DDA to remain contingent upon final approval of all remaining Entitlements.
IV. Consequence of Failure of Conditions.
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, and any of such conditions fail to be so implemented
and maintained according to their terms, the City shall have the right to revoke or modify all
approvals herein granted, deny or further condition issuance of all future building permits,
deny, revoke or further condition all certificates of occupancy issued under the authority of
approvals herein granted, instituted and prosecute litigation to compel their compliance with
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said conditions or seek damages for their violation. No vested rights are gained by Developer
or a successor in interest by the City's approval of this Resolution.
V. Invalidity; Automatic Revocation.
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and that
in the event that anyone or more terms, provisions or conditions are determined by a Court
of competent jurisdiction to be invalid, illegal or unenforceable, if the City so determines in its
sole discretion, this ordinance shall be deemed to be revoked and of no further in force and
effect.
Presented by
by
JJ
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Chris Salomone
Director of Community Development
Bruce M. Boogaar
City Attor ey
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Channelside Shopping Center
Conditions of Approval
Attachment 1 to Agency Resolution 1431 Amended
ATTACHMENT 1
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Unless otherwise indicated in the following conditions or in the Mitigation Monitoring and
Reporting Program for the project Environmental Impact Report, all conditions must be met
prior to the issuance of the first Certificate of Occupancy for the project site.
A. DESIGN REVIEW CONDITIONS IDRC-94-38)
1. Approval of this project shall be continent upon approval of GPA-94-02, PCZ-94-C and
Local Coastal Program amendment.
2. If the Precise Plan adopted for the subject site are substantially different from the ones
assumed at the time the project was considered and approved by the Design Review
Committee, it shall be returned to the DRC for reconsideration and approval.
3. Design solution for sign type I (freestanding sign along the freeway) shall be submitted
to the Design Review Committee along with data obtained from the flag test for
consideration and approval.
4. Signs type II (Major Tenant 2) shall be limited to 150 square feet in area with no more
than five tenants and a maximum height of 35 feet.
5. The sign program shall provide sign design criteria for the freestanding building.
6. Wall-mounted signs on the north elevation shall be limited to the two major tenant
(tenants with more than 50,000 square feet of floor area).
7. Formal landscape and irrigation plans addressing parking screening solution shall be
submitted to the Planning Department for review and approval along with the building
permit submittal package.
B. ENGINEERING DEPARTMENT CONDITIONS
1. Post security prior to the recordation of the Final Map, and be responsible for the
installation of all improvements contained within this Section 8 (Engineering Department
Conditions) to the satisfaction of the Chula Vista City Engineer. Security shall be provided
to the City of Chula Vista in the form of, but not limited to, performance bonds, letter of
credit and/or Wal-Mart corporate guarantee to the extend permitted by the City Attorney
and the City Engineer.
The next five Conditions, numbered 8.2. through 8.6. must be satisfied prior to the issuance
of a Grading Permit:
2. Obtain and submit an updated soils/geotechnical report, consistent with the requirements
of the City Grading Ordinance, and implement the results thereof to the satisfaction of the
City Engineer.
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3. Comply with the floodplain regulations or obtain a exception from the Board of Appeals
for the Dixieline owned portion of the project.
4. Provide calculations indicating that the channel on the south side of the project can
convey a 50 year storm prior to issuance of a grading permit.
5. Include on grading plans an NPDES statement and comply with all permits required by the
administering agency.
6. Install pre-treatment devices or facilities for the removal of urban pollutants from storm
water runoff and provide a maintenance schedule indicating the facilities to be cleaned a
minimum of four (4) times per year.
7. The next ten conditions, B. 7 .a. through B. 7 .j., must be satisfied prior to issuance of the
Certificate of Occupancy for the "Wal-Mart" building:
a. Install a traffic signal at N. Fifth Avenue and "C" Street and restripe "C" Street as
necessary to accommodate the signal.
b. Install "no parking" signs on N. Fifth Avenue, between "C" Street and its northerly
terminus.
c. Remove existing striping and restripe N. Fifth Avenue north of "C" Street to provide
two southbound lanes, a continuous left turn lane and a northbound lane.
d. Install a painted or raised median on N. Fifth Avenue north of "C": Street to provide
a shelter for trucks exiting from the most northerly GES driveway. The painted or
raised median shall be designed to channelize southbound vehicles from the two
shopping centers into the most westerly southbound lane.
e. Provide an interim driveway with one lane of traffic out and one lane of traffic in
northerly of Brisbane at the existing driveway to Dixieline's back lot. Said driveway
shall be restricted to right in and right out movements only.
f. Construct a temporary access road between the project and N. Fourth Avenue which
shall be aligned with the interim driveway. The access road shall be two lanes in
width and shall be subject to the approval of the City Engineer.
g. Modify the traffic signal at Broadway (National City Boulevard) and 35th Street to
provide signal phasing for the new east leg connection.
h. Construct an access road, including a bridge crossing, between the project and the
intersection of Broadway (National City Boulevard) and 35th Street to the satisfaction
of the City Engineer. The bridge crossing is to be privately owned and maintained.
Obtain approval of the bridge construction from the Local Coastal Commission, State
Department of Fish and Game, U.S. Fish and Wildlife, Corps of Engineers and the U.
S. Coast Guard.
I. Remove existing striping on Broadway between the SR 54 bridge crossing and a point
approximately 300 feet south of 35th Street and replace with new striping to provide
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a new southbound left turn lane for the projects access road. Said striping shall be
in substantial conformance with the conceptual striping plan reviewed by the
California Department of Transportation (CAL TRANS) as indicated in a letter from the
CAL TRANS dated August 22, 1994.
J. Provide for vacation on the parcel map for the project of that portion of N. Fifth
Avenue ("N. Fifth Avenue Extension") contained within the project which will be
privately maintained. The area of vacation to be approved by the City Engineer.
1) The City of Chula Vista and its' Redevelopment Agency hereby agree to
cooperate in good faith in causing the vacation and agree not to require
"compensation" for the "N. Fifth Avenue Extension" street vacation as required
under Condition B. 7.j. above.
8. Subject to B.8.d below, the next three conditions, B.8.a. through B.8.c., must be satisfied
prior to issuance of any Certificate of Occupancy after the Certificate of Occupancy
issued for the "Wal-Mart" building:
a. Obtain the off-site right-of-way dedications along N. Fourth Avenue adequate to
provide for the installation of public improvements as required by this project adjacent
to the National City Marketplace Shopping Center as defined in condition B.8.b.,
below.
b. Widen N. Fourth Avenue on the west side of the street to provide 50 feet of roadway
within a 58 foot half width right-of-way between Brisbane to approximately 150 feet
south of the SR 54 east bound off ramp. A taper shall be installed from a point
approximately 20 feet southerly of the National City Marketplace northerly property
line to the point 150 feet from the east bound off ramp of SR 54. Said improvements
shall include, but not be limited to, curb, gutter and sidewalk, a.c. pavement and
base, storm drain and street lights.
c. Install a raised median on N. Fourth Avenue from the SR 54 eastbound off ramps to
a point 300 feet south of Brisbane Avenue.
d. Developer anticipates that it will obtain the off-site right-of-way dedications described
in B.8.a. above in connection with its acquisition of a portion of the project from
Dixieline Lumber Company, Inc. Notwithstanding the foregoing, if developer is unable
to acquire the off-site right-of-way after a written offer to acquire the property based
on an independent appraisal followed by a 30-day period during which developer "
makes good faith efforts to negotiate for the acquisition of the right-of-way, upon .\
developer's written request, City shall schedule and deliberate upon the acquisition
of the off-site right-of-way by the exercise of its power of eminent domain; provided,
however, that (i) City shall not be obligated to exercise its eminent domain authority
except as it deems consistent with the requirements of the law; and (ii) City shall
retain its full and unfettered discretion to reject the use of eminent domain for any and
all reasons.
If developer requests in writing that City consider acquisition of the necessary off-site
property described in Condition B.8.a. above, through, if necessary, the exercise of
its eminent domain powers, then the developer shall, within thirty (30) days of
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making such request, post with the City security in a form acceptable to the City
Engineer and the City Attorney in an amount equal to the sum of (A) the City
Engineer's good faith estimate of 150% of the cost of constructing the improvements
described in B.8.b and B.8.c. above, (B) the City Engineer's good faith estimate of
150% of the direct cost of acquisition of the property described in B.8.a. above
(inclusive of appraisal costs) and (C) $20,000 to cover legal and other costs incurred
by the City in acquiring the property described in B.8.a. above through the exercise
of its eminent domain powers. Notwithstanding the foregoing, except for the amount
in clause (C) above (which amount represents developer's maximum liability),
developer shall remain responsible for all actual direct costs, incurred by the City in
connection with the acquisition described in clause (B) above and all actual direct and
indirect costs incurred by the City in connection with the construction described in
clause (A) above. The City shall meet and confer in good faith with developer,
regarding the terms of any potential settlement of any eminent domain action or of
any voluntary acquisition of such property by the City, prior to entering into any such
settlement or voluntary acquisition. Subject to such obligation to meet and confer,
City shall have discretion to enter into any such settlement or voluntary acquisition
provided that the City does not pay more than one hundred thirty percent (130%) of
fair market value (as determined by an appraisal prepared for the City by an appraiser
selected by the City for the purpose of acquisition of such property) for the property
so acquired without Developer's prior approval which approval shall not be
unreasonably withheld or delayed.
If such property is acquired within six (6) months from the posting of such security,
such security shall remain in place until construction by developer of the
improvements described in B.8.b. and B.8.c. above, acceptance of such
improvements by City and replacement of such security with maintenance security
in accordance with City's standard requirements.
If possession of such property is not obtained within six (6) months from the posting
of such security, such security shall remain in place and thereafter developer shall
have no further obligation regarding the acquisition of such property. In that event,
at the City's request developer and City shall meet and confer in good faith for an
additional period of four (4) months in order to attempt to agree upon suitable
replacement mitigation measures for the traffic impacts generated by the project,
including the project's pro rata share of cumulative traffic impacts. If the City and the
developer agree upon replacement mitigation measures requiring the acquisition of
alternative off-site right-of-way, and the City does not obtain possession of such off-
site right-of-way within six (6) months of such agreement, the construction of such
replacement mitigation measures shall be waived as a condition to the City's issuance
of Certificates of Occupancy with respect to further development of the project.
However, in the event that the parties are unable to agree upon suitable replacement
mitigation measures during this four month period, Conditions B.8.a. and B.8.b.,
above, shall be waived as conditions to the City's issuance of Certificates of
Occupancy with respect to further development of the project; but developer's
security shall remain in place for an additional two (2) years to be utilized by the City
for purposes of completing (A) the originally contemplated acquisition and
improvements (to the extent such acquisition and improvements later becomes
feasible), or (B) such other traffic mitigation measures as are agreed upon by
developer and City after meeting and conferring as provided above or devised by the
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City if developer and City are unable to agree as to suitable traffic mitigation
measures. If the City devises and constructs mitigation measures not agreed to by (
developer, then (A) developer's obligation related to construction of such mitigation I
measures and/or the acquisition of right-of-way therefor shall be limited to the right 1
of the City to draw down on the security posted by developer for purposes of I
acquisition of property and construction of mitigation measures, (B) developer shall
have no further obligation regarding such acquisition and construction and (C) in no
event shall City draw down more than 100% of the actual cost of such acquisition
and construction. Further, City will not draw down on the security posted by
developer except for the purpose of mitigating traffic impacts identified in the
Environmental Impact Report for the project or as otherwise required by subsequent
traffic studies (to identify and mitigate traffic impacts created by the project) to the
extent the EIR becomes outdated or obsolete.
If the developer of the National City Marketplace project posts security satisfactory
to the City for its pro-rata share of the cost of such property acquisition and
improvements, the security posted by developer shall be reduced proportionately. If
the developer of the National City Marketplace project does not post security for its
pro-rata share of the cost of such property acquisition and improvements, City shall
cooperate in good faith with developer in implementing a reimbursement program
whereby developer will be reimbursed by any future developer or developers of
projects benefited by such property acquisition and improvements, including any
future developer of the National City Marketplace project, in an amount equal to the
pro-rata share (of the cost of such property acquisition and improvements) of National
City Marketplace, as such pro-rata share is determined pursuant to a fair share
analysis by an independent traffic engineer approved by the City Engineer.
9. Subject to B.9.c. below, the next two conditions, B.9.a. and B.9.b., must be satisfied
prior to issuance of any Certificate of Occupancy after the Certificate of Occupancy
issued for the "Wal-Mart" building. Condition B.9.d. shall be satisfied concurrently with
the construction of the traffic signal and four-way concentric intersection described in
B.9.b. below, whether such signal and intersection are constructed by the developer or
by the City, as contemplated by B.9.c. below.
a. Obtain the off-site right-of-way dedications to allow for the construction of the
concentrically aligned intersection of N. Fourth Avenue and Brisbane within the
northerly portion of the Target shopping center. The amount of right-of-way
necessary to satisfy this condition will be subject to approval by the City Engineer.
b. Install a traffic signal and "four-way" concentric intersection at N. Fourth Avenue and
Brisbane Avenue. The design of the Brisbane/Fourth Avenue signalized intersection
will be subject to the approval of the City Engineer.
c. Notwithstanding the foregoing, if developer proposes to request City use eminent
domain proceedings to acquire the off-site right-of-way necessary to construct the
improvements, developer shall provide to City written evidence that an offer to
purchase based upon the appraisal of an independent appraiser has been made and
rejected or not responded to by the owners required to execute a grant of street
easement. If developer is unable to acquire the off-site right-of-way through using the
means described above, upon developer's written request, City shall schedule and
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deliberate upon the acquisition of the off-site right-of-way by the exercise of its power
of eminent domain. Notwithstanding the foregoing, (i) City shall not be obligated to
exercise its eminent domain authority except as it deems consistent with the
requirements of the law; and (ii) City shall retain its full and unfettered discretion to
reject the use of eminent domain for any and all reasons. Developer will exercise
diligent, good faith efforts to acquire the off-site right-of-way to construct the
improvements.
If developer makes such offer and such offer is rejected or not responded to for a
period of thirty (30) days and developer thereafter requests in writing that City
consider acquisition of the necessary off-site property described in Condition B.9.a.
above, through the exercise of its eminent domain powers, then the developer shall,
within thirty (30) days of making such request, post with the City security in a form
acceptable to the City Engineer and the City Attorney in an amount equal to the sum
of (A) the City Engineer's good faith estimate of 150% of the cost of constructing the
improvement described in B.9.b. above, (b) the City Engineer's good faith estimate
of 150% of the direct cost of acquisition of the property described in B.9.a. above
(inclusive of appraisal costs) and (C) $50,000 to cover legal and other costs incurred
by the City in acquiring the property described in B.9.a. above through the exercise
of its eminent domain powers. Notwithstanding the foregoing, except for the amount
in clause (C) above (which amount represents developer's maximum liability),
developer shall remain responsible for all actual direct costs, incurred by the City in
connection with the acquisition described in clause (B) above, and all actual direct and
indirect costs incurred by the City in connection with the construction described in
clause (A) above. The City shall meet and confer in good faith with developer,
regarding the terms of any potential settlement of any eminent domain action or of
any voluntary acquisition of such property by the City, prior to entering into any such
settlement or voluntary acquisition. Subject to such obligation to meet and confer,
City shall have discretion to enter into any such settlement or voluntary acquisition
provided that the City does not pay more than one hundred thirty percent (130%) of
fair market value (as determined by an appraisal prepared for the City by an appraiser
selected by the City for the purpose of acquisition of such property) for the property
so acquired without Developer's prior approval which approval shall not be
unreasonably withheld or delayed.
If such property is acquired within six (6) months from the posting of such security,
such security shall remain in place until construction by developer of the
improvements described in B.9.b. above, acceptance of such improvements by City
and replacement of such security with maintenance security in accordance with City's
standard requirements.
If possession of such property is not obtained within six (6) months from the posting
of such security, such security shall remain in place and thereafter developer shall
have no further obligation regarding the acquisition of such property. In that event,
at the City's request, developer and City shall meet and confer in good faith for an
additional period of four (4) months in order to attempt agree upon suitable
replacement mitigation measures for the traffic impacts generated by the project,
including the project's pro rata share of cumulative traffic impacts. If the City and the
developer agree upon replacement mitigation measures requiring the acquisition of off-
site right-of-way, and the City does not obtain possession of such off-site right-of-
way within six (6) months of such agreement, the construction of such replacement
mitigation measures shall be waived as a condition to the City's issuance of
Certificates of Occupancy with respect to further development of the project.
However, in the event that the parties are unable to agree upon suitable replacement
mitigation measures during this four month period, Conditions B.9.a. and B.9.b.
above, shall be waived as conditions to the City's issuance of Certificates of
Occupancy with respect to further development of the project; but developer's
security shall remain in place for an additional two (2) years to be utilized by City for
purposes of completing (A) the originally contemplated acquisition and improvements
(to the extent such acquisition and improvements later become feasible), or (B) such
other traffic mitigation measures as are agreed upon by developer and City after
meeting and conferring as provided above or devised by the City if developer and City
are unable to agree as to suitable traffic mitigation measures. If the City devises and
constructs mitigation measures not agreed to by developer, then (A) developer's
obligation related to construction of such mitigation measures and/or the acquisition
of right-of-way therefor shall be limited to the right of the City to draw down on the
security posted by developer for purposes of acquisition of property and construction
of mitigation measures, (B) developer shall have no further obligation regarding such
acquisition and construction and (C) in no event shall City draw down more than
100% of the actual cost of such acquisition and construction. Further, City will not
draw down on the security posted by developer except for the purpose of mitigating
traffic impacts identified in the Environmental Impact Report for the project or as
otherwise required by subsequent traffic studies (to identify and mitigate traffic
impacts created by the project) to the extent the EIR becomes outdated or obsolete.
c
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If the developer of the National City Marketplace project posts security satisfactory
to the City for its pro-rata share of the cost of such property acquisition and
improvements, the security posted by developer shall be reduced proportionately. If
the developer of the National City Marketplace project does not post security for its
pro-rata share of the cost of such property acquisition and improvements, City shall
cooperate in good faith with developer in implementing a reimbursement program
whereby developer will be reimbursed by any future developer or developers of
projects benefitted by such property acquisition and improvements, including an
future developer of the National City Marketplace project, in an amount equal to the
pro-rata share (of the cost of such property acquisition and improvements) of National
City Marketplace, as such pro-rata share is determined pursuant to a fair share
analysis by an independent traffic engineer approved by the City Engineer.
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d. Construct a permanent access road from the Brisbane/Fourth Avenue signalized
intersection to the project site. The final design of the access road shall be subject
to the approval of the City Engineer.
10. City agrees to cooperate in good faith to cause the City of National City to approve
any plans and issue any permits required to be approved or issued by the City of
National City necessary to allow the construction of the improvements described in
Conditions B.8 and B.9 above.
11. Pay sewer capacity, Public Facilities Development Impact, Traffic Signal and other
related fees as required by the Master Fee Schedule or Municipal Code at issuance of
building permits.
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C. PLANNING DEPARTMENT CONDITIONS
1. Submit letters showing proof of payment of required school fees from the Chula Vista
Elementary School District and the Sweetwater Union High School District to the Director
of building and Housing prior to the issuance of any building permit.
2. Prior to the issuance of the first building permit, submit a water availability letter from the
Sweetwater Authority which shows that adequate water flow is available to the site.
3. Submit a development [phasing plan for approval by the Directors of Community
Development, Planning, and the City Engineer prior to the submittal of any building permit
application.
4. Submit an enhanced master landscape plan for approval to the Director of Planning prior
to issuance of any building permit. Said landscape plan shall be prepared in accordance
with the City of Chula Vista Landscape Manual and shall be drafted by a registered
landscape architect.
5. Install fire hydrants of a type and at locations specified by the Chula Vista Fire
Department. Comply with this condition as determined by the Fire Department.
6. At time of submittal for building permits, submit all plans to the Crime Prevention Unit of
the City of Chula Vista Police Department and implement all requirements as listed by the
Crime Prevention Unit. Prior to opening for business, arrange a security survey with the
Crime Prevention Unit and implement the results of said security survey.
7. Submit a lighting plan to the Director of Planning for approval prior to submission of any
building permit application. Said lighting plan shall show and ensure that all lighting is
directed away from traffic and nearby land uses, or otherwise shield so as to not allow
glare from the Project Site to spill over the property line. Lighting shall illuminate the site
but not beyond that considered appropriate and suitable for the use.
8. Participate in whatever water conservation or fee offset program the City of Chula Vista
may have in effect at the time of issuance of building permits, or agree to no net increase
water consumption.
D, COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
1. Environmental Impact Report
In addition to complying with the requirements set forth in the Channelside Shopping
Center Mitigation Monitoring and Reporting Program (MMRP) approved for the proposed
project, the following conditions must be met:
a. Grading Plans shall include erosion control measures as specified in the Final EIR that
include soil stabilization, revegetation, watering of construction areas and transport
techniques to reduce airborne soil.
'!i.
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b. The project is required to mitigate impacts to biological resources through
implementation of the mitigation plan presented in the Final EIR and consistent with
the requirements of the U. S. Coast Guard, the U. S. Army Corps of Engineers, the
U. S. Fish and Wildlife Service and the California Department of Fish and Game.
Copies of the executed permits/agreements shall be provided prior to issuance of
Grading Permits.
c. If breeding and/or nesting of the light-footed clapper rail or the Belding's savannah
sparrow occurs within an area that experiences noise impacts from project
construction in excess of 60 dB, construction techniques shall be modified or halted
during the breeding/nesting season. A focused survey is required to determine the
nature of impacts, if any, if construction is to take place during the breeding/nesting
season prior to the issuance of a Grading Permit.
d. All structures shall be designed to conform to the 1994 Uniform Building Code (UBel
Guidelines, and at a minimum, shall conform to 1994 UBC Seismic Zone 4 factors.
2. Coastal Development Permit
a. Approval of Coastal Development Permit #068 shall be contingent on the California
Coastal Commission's approval of LCPA #12 and shall be subject to any conditions
placed on LCPA #12 by the California Coastal Commission.
b. Approval of Coastal Development Permit #068 shall be contingent on the approval of
and subject to any conditions placed on the U. S. Coastal Guard Bridge Permit (Rivers
& Harbors Act - Section 10), the U. S. Army Corp of Engineers 404 permit
(Nationwide permit under #154, #15, or #16), and the California Department of Game
Streambed Alteration Agreement (1603 consultation).
c. Building pads must be elevated to comply with FEMA regulations and the developer
shall comply with floOdplain regulations or obtain an exception from the Board of
Appeals for the Dixieline owned portion of the project prior to issuance of a building
permit.
d. The developer shall obtain a grading permit from the City and provide erosion control
and determined by the City Engineer. When the grading plan for the project is
submitted to the City of Chula Vista, separate coastal development permit review
shall be required.
e. The applicant is required to implement the Broadway Plaza Biological Program dated
August 29, 1994 and as may be revised in the future by the U.S. Fish and Wildlife
Service.
f. Signage for the project will be developed and reviewed in accordance with the site's
Precise Plan guidelines and the Design Review Committee's Conditions of approval.
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Resolution 1431
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g. Exterior lighting associated with the development, including the parking lot lighting
shall be designed to not shine directly on or increase the background level of lighting
on any coastal salt marsh habitat.
h. The project shall comply with grading and drainage provisions set forth in Section
19.81.050 J. of the Bayfront Specific Plan, particularly the special provisions for the
Inland Parcel in Section 19.81.050, J.2.d. Grading provisions shall be incorporated
into the grading plan notes as appropriate.
I. A complete floor plan shall be required to determine that disabled access and exiting
regulations will have been met prior to issuance of a building permit.
J. The development shall comply with Uniform Building Code Section 506 (b), Unlimited
[building] Area which states that a building shall not be limited if the building is
provided with an approved automatic sprinkler system throughout and is entirely
surrounded and adjoined by public ways or yards not less than 60 feet in width.
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Resolution No. 1431
ADOPTED AND APPROVED BY THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA, this 15th day of November 1994 by the following vote, to-wit:
AYES: Members Fox, Moore, Horton, Nader, Rindone
NOES: None
ABSENT: None
ABSTENTIONS: None
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Chairman Pro Tempore
ATTEST:
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Chris Salomone
Executive Secretary
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss:
CITY OF CHULA VISTA)
I, Chris Salomone, Executive Secretary to the Redevelopment Agency of the City of Chula Vista,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
Resolution No. 1431 and that the same has not been amended or repealed.
Dated:
Chris Salomone
Executive Secretary